Kelly v. Stockgrowers Credit Corp.

The Stockgrowers Credit Corporation brought action against these plaintiffs and one Waite claiming damages for trespassing upon its real estate. Under a writ of attachment, the sheriff, on September 5, 1931, levied upon a truck, wagon, two horses, and 80 acres of growing flax. However, he did not take the property into his physical possession but left it with Kelly taking his receipt therefor.

On September 11 Kelly notified the sheriff he would no longer be responsible for the property and surrendered it to the sheriff.

On September 18, 1931, the Stockgrowers Credit Corporation, having…